NEMARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties, gone through order under assail as well as the other relevant material as made available to this Court.

(2.) By way of filing instant petition a challenge has been made to the very lodging of the FIR No. 115/18, on the ground that even if the contents of the FIR are taken in its entirety or even on its face value or even it is not rebutted the same does not show cognizable offence rather it seems to be a dispute of predominately civil nature. I have minutely gone through the contents of the FIR and so also the other relevant material.

(3.) Indisputably the complainant in this regard had entered into an agreement for the sale of a piece of land with brother of the petitioner No.1 in the year 2013, it is the assertion of the complainant that after making an upfront amount, he had paid the entire amount of sale consideration to the brother of the petitioner No.1, however, he did not execute the sale deed in his favour which made him to lodge the FIR. It is further contended in the FIR that no payment was due with the vendor and therefore, he was supposed to execute the sale deed in favour of the complainant instead thereof he connived with his full blood brother and executed a sale deed in favour of his brother, who is petitioner herein, in the year2017.